Court hearing reconvened at a prison after alleged rapist refuses to leave cell

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A senior judge transferred a court hearing to a prison yesterday in an unprecedented move after a defendant charged with multiple kidnaps and rapes refused to leave his cell.

Chief Magistrate Emma Arbuthnot, told Westminster Magistrates Court that she would take a taxi to Belmarsh prison after Joseph McCann refused to appear for a second consecutive day.

Those present then travelled to the high security jail, where proceedings continued after the court crest was brought in in an Argos carrier bag.

The judge spent 80 minutes with McCann in the prison's healthcare wing.

McCann, 34, is charged with 21 offences against eight alleged victims, aged between 11 and 71, across five police force areas over a two-week period between April 21 and May 5.

When he refused to appear before a court on Wednesday, Ms Arbuthnot authorised the use of force to bring him before her via videolink from Belmarsh prison.

Joseph McCann

But when she was informed on Thursday that he was “not being co-operative” and that ongoing negotiations had failed, she broke with convention by declaring that she would reconvene the hearing at the jail, 15 miles away.

"We will have a hearing in there, which will be a private hearing, not in the presence of the press,” she said.

After the “shortish” hearing attended by the prosecutor, defence counsel and the court clerk in the healthcare wing, the judge returned to a conference room on site to provide an update.

“It is clear that the defendant has some health care issues and these will be addressed in the coming days,” she said.

“Mr McCann did not give his name, he did not stand up and he turned his back to the court to begin with.”

Belmarsh prisonCredit:
AFP

The makeshift court heard that McCann was alleged to have kidnapped some of his victims, three of whom are under 18, before sexually abusing them.

During one alleged incident, he is said to have tied a woman up in her own home and committed sexual offences, including rape, against her 17-year-old daughter and son, 11.

Tetteh Turkson, prosecuting, said his “mode of operation” had been to kidnap and then abuse his victims.

He said: “One victim was forced into a vehicle. He held her captive for something like 13 hours and she was raped many times.

“While she was in the car a further person was grabbed and she also was sexually abused.”

Mr Turkson alleged that McCann had “latched onto someone” in a bar then went to her home address when her male companion had left.

“He tied her up and then subjected her 17-year-old daughter and 11-year-old son to various sexual offences, including rape,” he said.

“Later that same day he abducted and kidnapped a 71-year-old woman, forced her into the passenger seat of her own vehicle and he drove her around.

“He raped her and then later enticed others into the car including a 13-year-old girl.”

McCann, from Aylesbury, Bucks, was arrested after a stand-off with police in Congleton, Cheshire in the early hours of Monday morning more than two weeks after his first alleged attack.

He was remanded in custody until a hearing at the Old Bailey on May 23.

Legally, a defendant charged with an indictable offence has to be present at a preliminary hearing before a case can be sent to trial.

A judge or a magistrate can convene a court in any room as long as the royal coat of arms is on display.